A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

[Criminal Power] On September 1, 2014, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) from the Seocho District Court’s territorial branch on September 1, 2014.

【Criminal Facts】

At around 22:20 on May 25, 2020, the Defendant driven a DMW car in the state of alcohol alcohol concentration of about 0.174% from the 1km section from the 1km road in front of the Priju-si, Priju-si, Priju-si to the C frontway in the same city.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), inquiry into the results of the crackdown on drinking driving, and the return to the enemy;

1. Previous records: Criminal records, inquiry reports, confirmation of the same record, and application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant's mistake in sentencing Article 62-2 of the Criminal Act is recognized.

However, even though the defendant had been punished for the same kind of crime, he again committed the same crime.

In addition, the crime of drinking driving is highly likely to cause danger to life, body and property of a third party, and there is a need for strict punishment.

In addition, the sentence shall be determined as ordered in consideration of all the sentencing conditions, such as the background of the instant crime and the blood alcohol concentration of the Defendant at the time of the instant case.